Is a DUI The Same As a DWI?
In Oklahoma, driving under the influence of alcohol or drugs is strictly forbidden. In many states, DUI and DWI are regarded as the same charge. However, the law in Oklahoma considers these as two separate offenses, each of which carries different penalties.
If you are facing a DUI or DWI charge in Oklahoma, you should speak with an experienced DUI attorney as soon as possible. At Cannon & Associates, our lawyers are ready to help you fight your DWI/DUI charges in Oklahoma.
Call us today to schedule a free consultation at 405-591-3935.
What Is a DUI Charge?
A DUI charge applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. This threshold includes alcohol, drugs, or a combination of both. Prescription medications that impair driving can also lead to a DUI charge.
For commercial drivers, the legal limit is lower at 0.04%. If they exceed this limit, they face license suspension and stricter penalties.
Aggravated DUI
Oklahoma law recognizes aggravated DUI as a more serious offense. If a driver’s BAC is 0.15% or higher, they may face enhanced penalties, including longer jail sentences, higher fines, and additional license restrictions.
Actual Physical Control (APC)
Drivers can be charged with APC even if they are not driving actively. If a person is in control of a vehicle while intoxicated—such as sitting in the driver’s seat with the keys in the ignition—they may still face DUI charges.
What is a DWI Charge?
A DWI charge applies when a driver’s BAC is between 0.05% and 0.08%. While a DWI is less severe than a DUI, law enforcement must have reasonable suspicion of impairment beyond just the BAC level.
DWI/DUI Charges For Minors
Oklahoma enforces a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol or drugs in a driver under 21 results in a DUI charge, carrying stricter penalties than those applied to adult offenders.
DUI vs DWI Offense in Oklahoma
The key difference between DUI and DWI charges is the BAC level at the time of arrest. A DUI charge applies when BAC exceeds 0.08%, while a DWI charge applies when BAC is between 0.05% and 0.08%.
A DWI is always classified as a misdemeanor, whereas a DUI can be charged as a felony for repeat offenses. A felony conviction carries much harsher penalties, including the possibility of a permanent criminal record.
Penalties For Driving Over The Legal Limit in Oklahoma
The key differences between DUIs and DWIs are the severity of the charges and the penalties that are imposed on those convicted. Generally, most driving while intoxicated charges are treated more lightly than DUI charges, and as such, the penalties are less severe.
DWI Penalties in Oklahoma
DWIs in Oklahoma are always charged as misdemeanors. If you have been convicted of multiple DWIs in the past, this can not be used to enhance your charges, and you will always be charged with a misdemeanor for a DWI. The criminal penalties for a DWI are as follows:
Misdemeanor charge
Maximum fine of $500
Up to six months in jail
Mandatory drug and alcohol assessment
DUI Penalties in Oklahoma
In comparison to a DWI, the penalties for DUI convictions in Oklahoma are more severe. All first-time DUIs are charged as misdemeanor offenses, and if you are charged subsequently within the ten years following your first offense, you will be charged with a felony DUI.
First-Time DUI (Misdemeanor)
- Up to one year in jail
- Fines up to $1,000
- License suspension for six months
- Installation of an ignition interlock device (IID)
Second-Time DUI (felony)
- Jail time from one to five years
- Fines up to $2,500
- License suspension for one year
- Mandatory alcohol awareness classes
- IID installation
Third-Time DUI (felony)
- Jail time from one to ten years
- Fines up to $5,000
- License suspension for three years
- Community service requirements
- IID installation
Fourth and Subsequent DUIs
- Jail time from one to twenty years
- Maximum fines of $5,000
- License suspension for up to five years
- IID installation
- Community service requirements
- Court-ordered alcohol or drug awareness program
Consequences of a DUI or DWI conviction
Beyond legal penalties, a conviction carries lasting consequences:
- Increased Car Insurance Rates – Many insurance companies raise rates significantly or drop coverage altogether for drivers with a DUI or DWI conviction.
- License Suspension – The Oklahoma Department of Public Safety (ODPS) enforces automatic license suspension for those arrested for DUI or DWI.
- Criminal Record – A conviction remains on public record, potentially affecting employment, housing applications, and financial opportunities.
Will a DUI or DWI Lead to License Suspension?
Police officers confiscate the driver’s license upon arrest for DUI or DWI, and the ODPS handles the suspension process separately from the criminal case. Drivers have 15 days from the arrest date to request an administrative hearing to challenge the suspension. If they fail to do so, their license is automatically suspended for six months.
During the hearing, a driver must demonstrate that they are fit to operate a vehicle safely. Law enforcement officers may present evidence from field sobriety or breathalyzer tests. Legal representation can improve the chances of a favorable outcome.
Is a DUI The Same as a DWI in Oklahoma?
While both involve impaired driving, the primary difference lies in the severity of the charge. DWI is a lesser offense with lighter penalties, whereas DUI convictions, especially repeat offenses, carry much stricter consequences.
Regardless of the charge, legal representation is crucial. A conviction can result in severe consequences, including jail time, hefty fines, and a permanent criminal record.
At Cannon & Associates, we have the experience and skills to fight DUI and DWI charges in Oklahoma. Our dedicated legal team will work tirelessly to minimize the impact of a conviction. Call us today to schedule a free consultation at 405-591-3935.
